Thomas Petty Sr (abt. 1673 - bef. 1750)

Born about 1673 in Essex, Lancaster County, Colony of Virginia

Husband of Catherine (Garton) Petty — married before 6 Mar 1701 in Richmond, Virginia

Descendants

Died before 24 May 1750 before about age 77 in St. Thomas Parish, Orange County, Colony of Virginia

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Biography

Thomas Petty was likely born in 1673. He apprenticed himself to carpenter John Davis in 1689 for a period of five years. Given that apprenticeships ended at age 21, we can estimate his age as 16 in 1689. The record in question:

1687-1698 Northumberland County, Virginia Order Book, Part 2; [Hamrick]; Page 544/8 Whereas THOMAS PETTY, at a Court held for this County the 6th day of November 168[9], bound himself an apprentice to serve JOHN DAVIS five years, the said DAVIS giving Caution to teach the said PETTY the trade of a carpenter as by an order then bearing date may appear, And the said THOMAS PETTY having complained to this Court against the said JOHN DAVIS that he did not endeavor to comply with the said order in teaching the said trade. It is therefore ordered that the said PETTY be immediately released from the said DAVIS' service, and also that the said DAVIS and his servant be released and are hereby released and acquitted from the bond given on the aforesaid behalf.^[1]

Thomas Petty appeared in court in 1699 to claim his inheritance^[2]. He passed away in 1749 or 1750 in St Thomas Parish, Orange Co., Virginia.

On Nov. 2, 1699, Thomas Petty, in Richmond Co., Va., sued Dennis and Jane Cameron, "the executors of Walter Welch, decd., who was the executor of Hubert Patty" for Thomas's inheritance that he had not received.^[2]

Thomas married Catherine Garton (c.1683-aft.1748) in Richmond Co, VA 6 March 1701. However, this should read "before" since they are first recorded being married in a court document on that date.^[3][4] Catherine was the daughter of John Garton (1648-1698) and Martha Unknown (aft.1702).

Documented Children

1. Rebecca Petty Sims - named in father's Will^[5]
2. Christopher Petty - named in father's Will^[5]
3. George Petty - named in father's Will^[5]
4. James Petty - named in father's Will^[5]
5. John Petty - named in father's Will^[5]
6. Martha Petty - named in father's Will^[5]
7. Mary Petty Knight - named in father's Will^[5]
8. Thomas Petty - named in father's Will^[5]
9. William Petty - named in father's Will^[5]

Undocumented Children

1. Elizabeth Petty
2. Elijah Petty

Land Records & Rent Rolls

1721 Rental Rolls, Thomas Petty, Richmond Co, Virginia,^[6]

This frequently cited land record refers to the son John:

23 Oct 1734. Thomas Petty, Spotsylvania Co, Virginia. Lease of 100 a. in St. Mark's Par., Spts. Co on N. side Rapidan,etc,etc., Alexander Spotswood, Esqr., to John Petty, planter. Lease of 100 a. in St. Mark's Par., Spts. Co., on N. side Rapidan, etc., etc. tract granted Spotswood and known as Spts. tract. "John Petty and Rebecca, his wife, and Thomas Petty, his son," etc. Nov.^[7] [Note: this record is of the son Thomas.]

Will

Will of Thomas Petty

In the name of God, Amen, January 31, 1748, I Thomas Petty, of Orange County, St. :Thomas Parish, being sick and weak, do make this my last will land Testament in writing, making void all former wills.

Imprimis--I give and bequeath my Soul to God, and my body I bequeath to the Earth from whence it came, to be buried in a decent manner.

Item--I give and bequeath to my son JOHN PETTY, one shilling

Item-- To son THOMAS, one shilling,

Item-- To son CHRISTOPHER, one shilling,

Item--To son WILLIAM, one shilling,

Item--To son JAMES, one shiling,

Item--To son GEORGE, one shilling,

Item--To daughter MARY KNIGHT, one shilling,

Item--To daughter REBECCA SIMS, one shilling,

Item--to my son GEORGE and my daughter MARTHA PETTY, all my estate, both real and personal, after my debts are paid, to be divided equally between my well Beloved Children, George and Martha Petty.

Lastly I nominate my son GEORGE PETTY and MARTHA PETTY, executors of this my last will and testament. Witness my hand and seal the day and year above written.

(signed) THOMAS (his X mark) PETTY Probated at the court held for Orange County, May 24, 1750 ^[8]

Abstract (Transcript of 1748 Will of Thomas Petty^[9])

Research Notes

Thomas, Helen Gilmore, et al, Gilmore-Carter and Allied Families, privately published 1962, pp 96-98, additional information which is documented but citations have to be connected to statements before entry in Biography.

The above referenced book by Helen Gilmore Thomas states that Thomas is the son of Thomas Petty of South Farnham Parish whose Will is proved 7 Jan 1664 (Rappahanock County) in which he names a son Thomas. That Thomas son of Thomas was born after his father's death. The issue with the book is that it does not provide documentation of the father and son relationship whereas the father son relationship with Hubert Petty is shown by court records over the estate. This appears to prove this element of the Thomas book incorrect. The father is Hubert Petty.

Sources

1. ↑ https://www.colonial-settlers-md-va.us/getperson.php?personID=I27469&tree=Tree1
2. ↑ ^{2.0 2.1} Richmond County, Virginia Order Book 3, pg 24. See Research Notes
3. ↑ Marriage Book, Richmond Co., Virginia as cited in Thomas & Barman, Gilmore-Carter and Allied Families, 1962, pg 97 https://archive.org/details/gillmorecarteral00thom/page/96
4. ↑ Headley, Robert K. Married Well and Often: Marriages of the Northern Neck of Virginia, 1649–1800. Baltimore, MD, USA: Genealogical Publishing Co., 2003. Page 279.
5. ↑ ^{5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8} Father's Will From the Orange County , Virginia Will Book, II, page 144
6. ↑ Virginia, Compiled Census and Census Substitutes Index, 1607-1890
7. ↑ This land record was originally published in "Virginia County Records - Spotsylvania County, 1721-1800, Volume I, Book C" edited by William Armstrong Crozier.
8. ↑ From the Orange County , Virginia Will Book, II, page 144
9. ↑ link courtesy of archive.org's WayBack Machine of Dell Fortune's website, which posted the transcript with a note that it was provided by "Charlotte Petty and Sharon"

• Thomas & Barman, Gilmore-Carter and Allied Families, 1962, pg 97 https://archive.org/details/gillmorecarteral00thom/page/96
• FindAGrave NOTE: Find-A-Grave is not an accepted source for pre-1700 profiles. If the memorial contains content with primary source documentation, please site the primary source documentation.

Ancestry.com. Married Well and Often: Marriages of the Northern Neck of Virginia, 1649-1800 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2006. Original data: Headley, Robert K. Married Well and Often: Marriages of the Northern Neck of Virginia, 1649-1800. Baltimore, MD, USA: Genealogical Publishing Co., 2003.

Research Notes

Documentation of Hubert Petty as father of Thomas includes the following:

1. March 6, 1700/01 : Thomas and Katherine Petty, appeared in court in Richmond County, Virginia with Martha Garton, Katherine's mother, to settle the estate of John Garton, Katherine's father. (Richmond Co. Court Orders, Vol. 3, pp. 85, 168).

2. Oct. 13, 1701 : Thomas Petty and his wife Katherine sold land in Lancaster County, on Morratico Creek, which was land bequeathed to him by the will of his father Hubert Petty. (Lancaster Co. Va. Deedbook 7, pg. 36).

3. Nov. 2, 1699: Thomas Petty, in Richmond Co., Va., sued Dennis and Jane Cameron, "the executors of Walter Welch, decd., who was the executor of Hubert Patty" for Thomas's inheritance that he had not received. On April 3, 1700: Thomas Petty and his wife "Kat." won their case in county court, and recieved "4 cows, and their increase since he came of age." (Richmond Co., VA Order Book 3, pg. 24).

4. Spring, 1687: Hubert Petty / Patey of Lancaster County, Virginia, died leaving a will naming his wife Faith, and his minor son Thomas. Hubert assigned all of his land and property to Thomas and placed his executor Walter Welch as Thomas's guardian until he came of legal age. (Lancaster County, Virginia Cort Orders film 32141 no 3 1686-1696 (Old # 731 part 2)